ISLAMABAD: The Islamabad High Court (IHC) was told that intelligence agencies through the Pakistan Telecommunication Authority (PTA) have access to phone recording system.
A single-judge bench of Justice Babar Sattar, on Thursday, heard the petitions of ex-PM’s wife Bushra Bibi and former CJP Saqib Nisar’s son regarding audio leaks. The bench directed the telecom operators’ counsel to submit a written report on the phone recording system on the next date.
The counsel for telecom operators said that the recording system is installed, and the PTA has the key to it. The government and agencies have access to the system as it is under their jurisdiction. “We have given access to the system to the PTA. The authority can give access to whichever agency it wants,” he said, adding that the PTA was in a better position to answer the court’s queries.
The counsel informed that a legal provision exists within the license policy which allows interception of phone calls and the telecommunication providers are bound by the policy, adding that telecom companies themselves play no role in call interception.
The judge then asked whether any system exists for legal interception, to which the counsel replied that a system from PTA is installed and the authority to use lays with the federal government. “This matter is between the federal government, the PTA and the concerned agency,” the counsel further said.
Justice Sattar inquired if the telecom operators were not aware of who accesses their data streams. “Can the system be used without involving telecom operators? Who is the relevant and authorised agency for phone tapping,” asked the judge. “We are not aware, we only install the system where we are asked to by the PTA,” replied the counsel.
Additional Attorney General (AAG) Munwar Duggal contended that the government had not given any such permissions for the concerned calls.
Justice Babar, addressing the AAG said the prime minister, attorney general, as well as three additional secretaries submitted their replies stating that no permission was given to tap phone calls. “Today you are submitting before the Court that your reply was limited to this case only,” he added.
Justice Babar said that the Court repeatedly asked the federal authorities to inform it if there existed a system under which these calls were being recorded, warning of consequences if a false report was submitted to the court.
“Under which law is all of this happening?” he asked. “I have been asking you for the past eight months under which framework have you been operating. Should you not know which competent agency is being granted access to,” Justice Sattar asserted.
The judge then inquired of the Pakistan Electronic Media Regulatory Authority (PEMRA)’s counsel if they had issued any instructions regarding the unconfirmed leaked audio calls being aired on media channels. The PEMRA counsel said that the most the Authority could do was prohibit the media from running them, adding that it has issued instructions regarding the matter as per the IHC’s order.
The PTA chairman told Justice Sattar that 90 per cent of mobiles have spyware through which their cameras can also be operated. An Israeli company made a software called Pegasus that infects a mobile, he explained, adding that hacking a phone was not a difficult task. “All it takes is a minute,” he said. “If you leave the phone with me to go to the washroom I can connect my phone to yours and acquire full access to it in the meantime,” the counsel said.
Justice Babar then asked him if he was telling the court that all the phone tapping was being done illegally. The counsel; however, remained silent.
Copyright Business Recorder, 2024
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